Belter Brewery Case Study
Richie and Kevin are advised that their brand name, ‘Belter Brewery’, and their unusual bottle shapes can be protected through registration of a trademark for the former and registration of a design rights for the latter.
In registering the brand name in the United Kingdom (UK), they will have to apply to the Trade Mark Registry in respect to the supply of their goods, namely the lager. The Registry will subsequently scrutinize the application in ensuring that such application is devoid from any bars and grounds for refusing registration. Upon successful registration of their brand name, it will then be published in the Trade Mark Journal and allows any third party to view and oppose to such registration within a three month period with valid …show more content…
As for the design of their bottles, it is advisable for them to register their design for better protection although failing to do so will not render their design being unprotected as discussed …show more content…
In the event it was registered, the label will enjoy statutory protection against the infringing acts from BigCo as such registration confers upon its proprietor the right to prevent third parties from infringing the mark Section 10 of the TMA and Article 10 of the TMD set out acts which constitute to infringement. According to Section 10(2) TMA, infringement will arise when a third party uses in the course of trade any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered or that where any sign, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark.[ Article 10(2)(a) & (b) TMD] Having said that, the judgment in Arsenal v Reed[ Arsenal Football Club plc v Reed Case C-206/01 [2002] ECR I-10273] has to be taken into consideration whereby the ECJ examined the question of whether it is necessary for there to be a trade mark use of the sign for a finding of infringement. The ECJ first held that the use of the Arsenal sign was use in the course of trade and that it prima facie fell under Article
In registering the brand name in the United Kingdom (UK), they will have to apply to the Trade Mark Registry in respect to the supply of their goods, namely the lager. The Registry will subsequently scrutinize the application in ensuring that such application is devoid from any bars and grounds for refusing registration. Upon successful registration of their brand name, it will then be published in the Trade Mark Journal and allows any third party to view and oppose to such registration within a three month period with valid …show more content…
As for the design of their bottles, it is advisable for them to register their design for better protection although failing to do so will not render their design being unprotected as discussed …show more content…
In the event it was registered, the label will enjoy statutory protection against the infringing acts from BigCo as such registration confers upon its proprietor the right to prevent third parties from infringing the mark Section 10 of the TMA and Article 10 of the TMD set out acts which constitute to infringement. According to Section 10(2) TMA, infringement will arise when a third party uses in the course of trade any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered or that where any sign, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark.[ Article 10(2)(a) & (b) TMD] Having said that, the judgment in Arsenal v Reed[ Arsenal Football Club plc v Reed Case C-206/01 [2002] ECR I-10273] has to be taken into consideration whereby the ECJ examined the question of whether it is necessary for there to be a trade mark use of the sign for a finding of infringement. The ECJ first held that the use of the Arsenal sign was use in the course of trade and that it prima facie fell under Article